Case 9:09-cv-80802-KAM Document 8 Entered on FLSD Docket 07/14/2009 Page 1 of 6 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA CASE NO.: 09-CV-80802-MARRA JANE DOE NO. 8 Plaintiff, v. JEFFREY EPSTEIN, Defendant. DEFENDANT EPSTEIN'S MOTION TO DISMISS PLAINTIFF'S COMPLAINT Defendant, JEFFREY EPSTEIN ("Epstein"), by and through his attorneys, moves to dismiss Counts I and III of Plaintiffs Complaint as the causes of action are barred by the applicable statute of limitations.1an° 2 Rule 12(b)(6); Local Gen. Rule 7.1 (S.D. Ma. 2009). In support of dismissal, Defendant states: Plaintiffs Complaint attempts to allege three Counts; the first two counts are pursuant to state common law, and the third count is brought pursuant to 18 U.S.C. §2255. Civil remedy for personal injuries. Count I attempts to allege a cause of action for "Sexual Assault and Battery," Count II for "Intentional Infliction of Emotional Plaintiffs Complaint attempts to assert both state common law claims and a claim pursuant to 18 U.S.C. §2255. Since Jane Doe 8 did not relinquish her state claims and correspondingly did not file her complaint relying, exclusively, on 18 USC 2255, she is not entitled to the litigation benefits including certain waivers that directly or indirectly accrue to other civil plaintiffs from the defendant's fulfilling obligations resulting from his separate confidential agreement with the United Staes Attorneys Office. Plaintiffs counsel conceded that the provisions of the NPA are not implicated where a plaintiff brings additional causes of action and does not proceed exclusively under §2255. See June 12, 2009, Hearing Transcript in Jane Doe, et al v. Epstein, Case No. 08.80119-Civ-Marra, p. 29, line 19-25, p. 30, line 1. 2 Undersigned counsel provided the United States Attorneys' Office a copy of this Motion on July 9, 2009. We requested confirmation that this motion did not involve any aspect of the Non Prosecution Agreement and advised of our required filing da